D.C. Mun. Regs. tit. 29, r. 29-3004

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 29-3004 - PRIOR WRITTEN CONSENT

3004.1

Unless Federal law states otherwise, an Agency or Provider disclosing HHSI in response to a request from another Agency or Provider pursuant to Section 3000.1 shall obtain the Individual's prior written consent to disclose the HHSI requested if it involves:

(a) Alcohol and drug abuse patient records governed by 42 C.F.R. Part 2;

(b) Psychotherapy notes governed by 45 C.F.R. § 164.508(a)(2); and

(c) Any other HHSI requiring prior Consent for disclosure as required by Federal law.

3004.2

Unless District or Federal law states otherwise, an Agency or Provider disclosing HHSI in response to a request from another Agency or Provider pursuant to Section 3000.1 shall obtain the Individual's prior written consent to disclose the HHSI requested if it involves:

(a) Records governed by Section 1 of An Act To authorize the Commissioners of the District of Columbia to make regulations to prevent and control the spread of communicable and preventable diseases, approved August 11, 1939 (53 Stat. 1408; D.C. Official Code § 7-131);

(b) Records which are incident to a case of HIV infection or AIDS as required by Section 6 of the AIDS Health-Care Response Act of 1986, effective June 10, 1986 (D.C. Law 6-121; D.C. Official Code § 7-1605);

(c) Records incident to a reported case of cancer as required by Section 2 of the Preventive Health Services Amendments Act of 1985, effective February 21, 1986 (D.C. Law 6-83; D. C. Official Code § 7 -302);

(d) Substance abuse records governed by Section 7 of the Choice in Drug Treatment Act of 2000, effective July 18, 2000 (D.C. Law 13-146; D.C. Official Code § 7-3006);

(e) Registration and other records of a detoxification center governed by Section 4(c) of An Act to establish a program for the rehabilitation of alcoholics, promote temperance, and provide for the medical and scientific treatment of persons found to be alcoholics by the courts of the District, and for other purpose, approved August 4, 1947 (61 Stat. 745; D.C. Official Code § 24-604(c) ).

(f) Information provided to a Domestic Violence counselor governed by Section 3 of the Domestic Violence Amendment Act of 2006, effective March 2, 2007 (D.C. Law 16-204; D.C. Official Code § 14-310);

(g) Information provided to a Human Trafficking counselor governed by Section 203 of the Prohibition Against Human Trafficking Amendment Act of 2010, effective October 23, 2010 (D. C. Law 18-239; D.C. Official Code § 14-311); and

(h) Any other HHSI requiring prior written consent for disclosure as required by District law.

3004.3

The prior written consent required by Sections 3004.1 and 3004.2 shall comply with all applicable laws and regulations, and with any applicable District-wide, Agency, or Provider HIPAA policies and procedures, and shall use plain language.

D.C. Mun. Regs. tit. 29, r. 29-3004

As amended by Final Rulemaking published at 61 DCR 8497 (August 15, 2014)

Authority: Section 108 of the Data-Sharing and Information Coordination Amendment Act of 2010 (Act), effective December 4, 2010 (D.C. Law 18-273; D.C. Official Code § 7-248 (2012 Repl.)), and Mayor's Order 2011-169, dated October 5, 2011.